Law:

Section:

Civil service-- ---- Move-over to BPS-19---Entitlement---Civil servant had been promoted to Grade-18 post with effect from 6-2-1974---Subseduently although such post had been down-graded to BPS-17, yet civil servant was allowed to draw his pay in BPS-18, which was enough to fulfil the condition laid down in O.M., dated 1-1-1986, which required civil servant only to reach the maximum of the pay scale---Civil servant reached the maximum of pay scale in BPS-18 on 1-7-1987 and all he required after having achieved that target was to stay at that scale, and not the post, for a period of one year---Civil servant had, thus, become eligible for move-over with effect from 1-12-1988, particularly when he had also been again formally promoted---Civil servant had thus, become eligible to move-over to BPS-19 with effect from 1-12-1988. Zafar Abbas for Appellant. Hafiz Tariq Naseem for Respondents. Date of hearing: 9th August, 1992. JUDGMENT CH. HASAN NAWAZ (MEMBER): --This appeal under section 4 of the Service Tribunals Act, 1973 was filed, after due compliance with the requirements of section 4(1)(a) of the Act, in the background of following material facts: 1. While he was on secondment with Meteorological Branch of the Pakistan Air Force as Assistant Meteorologist, the appellant was promoted in absentia by order dated 6-2-1974 as Meteorologist in Grade-18 with effect from 29-3-1973. It said that he will continue to remain on secondment until further orders. (Annexure `A'). 2. A few months later, on 30-5-1974, it was decided by the Federal Government "that the National Pay Scales of the post of Meteorologist in Pakistan Meteorological Department will be Grade-17 (Rs.500--50--1,000/50-­1250)". It was, however, laid down that Meteorologists "holding the post since before 12-8-1973 will be fixed in Grade-18 (Rs.1,000--75--1750) and that they will continue to draw pay in these grades while holding these posts" (Annexure B'). 3. In accordance with terms of secondment, the appellant was allowed to retain lien on his permanent civil appointment under the normal rules during the period of his employment with the Pakistan Air Force and his service in the Force was to be counted…

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